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NUISANCE ABATEMENT
TOWN OF GRAND COULEE
BYLAW NO 06-2021
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The Council of the Town of Grand Coulee in the Province of Saskatchewan enacts as follows:
Short Title
1. This bylaw shall be cited as The Nuisance Abatement Bylaw.
Purpose
2. The purpose of this Bylaw is to provide for the abatement of nuisances, including property,
activities, or things that adversely affect:
a) The safety, health or welfare of people in the neighborhood;
b) People's use and enjoyment of their property; or
c) The amenity of a neighborhood.
Definitions
3. In this Bylaw:
a) "Designated Officer"
1. means an employee or agent of the Municipality appointed by Council to act
as a municipal inspector for the purposes of this Bylaw;
2. any member of council
b) "Building" means a building within the meaning of The Municipalities Act;
c) "Municipality" means the Town of Grand Coulee.
d) "Council" means the Council of the Town of Grand Coulee.
e) "junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that
(i)
either:
1) has no valid registration; or
2) is inoperative, or inoperable, or cannot be moved by its own power at the request
of a Designated officer; or
3) is in a wrecked, partly wrecked, dismantled, partly dismantled, or abandoned
condition; and
(ii)
is located on private land, but that:
1) is not completely screened from view or enclosed within a structure erected in
accordance with any Bylaw respecting the erection of buildings and structures in
force within the Municipality; and
2) does not form a part of a business enterprise lawfully being operated on that
land;
f) "nuisance" means a condition of property, or a thing, or an activity, that adversely affects or
may adversely affect:
(i) the safety, health or welfare of people in the neighborhood;
(ii) the people's use and enjoyment of their property; or
(iii) the amenity of a neighborhood and includes:
a) a building in a ruinous or dilapidated state of repair;
b) an unoccupied building that is damaged and in an imminent danger to public safety;
c) land that is overgrown with grass and weeds;
d) untidy and unsightly property;
e) junked vehicles; and
f) open excavations on property;
g) "occupant" means an occupant as defined in The Municipalities Act;
h) "owner" means an owner as defined in The Municipalities Act;
i) "property" means land or buildings or both;
j) "structure" means anything erected or constructed, the use of which requires temporary or
permanent located on, or support of, the soil, or attached to something having permanent
location on the ground or soil; but not including pavements, curbs, walks or open air
surfaced areas.
Responsibility
4. Unless otherwise specified, the owners of a property, including land, buildings and structures,
shall be responsible for carrying out the provisions of this Bylaw.
Nuisances Prohibited Generally
5. No person shall cause or permit a nuisance to occur on any property owned by that person.
Dilapidated Buildings
6. Notwithstanding the generality of Section 5, no person shall cause or permit a building or
structure to deteriorate into a ruinous or dilapidated state such that the building or structure:
a) is dangerous to the public health or safety;
b) substantially depreciates the value of other land or improvements in the neighborhood; or
c) is substantially detrimental to the amenities of the neighborhood.
Unoccupied Buildings
7. Notwithstanding the generality of Section 5, no person shall cause or permit an unoccupied
building to become damaged or to deteriorate into a state of disrepair such that the building is
an imminent danger to public safety.
Overgrown Grass and Weeds
8. Notwithstanding the generality of Section 5, no owner or occupant of land shall cause or permit
the land to be overgrown with grass or weeds.
9. For the purpose of this section, "overgrow" means in excess of 0.20 meters in height.
10. This section shall not apply to any growth which forms part of a natural garden that has been
deliberately planted to produce ground cover, including one or more species of wildflowers,
shrubs, perennials, grasses or combinations of them, whether native or non-native, consistent
with a managed and natural landscape other than regularly mown grass.
Untidy and Unsightly Property
11. Notwithstanding the generality of Section 5, no person shall cause or permit any land or
buildings to become untidy and unsightly due to graffiti or the accumulation of new or used
lumber, cardboard, paper, newspaper, appliances, tires, cans, barrels, scrap metal or other waste
materials or junk.
Junked Vehicles
12. Notwithstanding the generality of Section 5, no person shall cause or permit any junked vehicle
to be kept on any land owned by that person.
Open Excavations
13. Notwithstanding the generality of Section 5, no person shall cause or permit any basement,
excavation, drain, ditch, watercourse, pond, surface water, swimming pool or other structure to
exist in or on any private land or in or about any building or structure which is dangerous to the
public safety or health.
Property Maintenance
14. (1) All property, including land, buildings and structures, shall be maintained in accordance
with the minimum standards prescribed in this section.
(2) Not withstanding Section 5, every occupant of a property, including land, buildings and
structures, shall:
a) Keep in clean and sanitary condition that part of the property which the occupant
occupies or controls;
b) Maintain exits to the exterior of the building in a safe and unobstructed condition;
c) Dispose of garbage and refuse and keep the property free from rubbish and other debris
which might constitute fire, health or safety hazards; and
d) Keep any supplied fixtures clean and sanitary and exercise reasonable care in their
proper use and operation.
15. Notwithstanding the generality of Section 5, no person shall cause or permit on any property
owned by that person:
a)
An infestation of rodents, vermin or insects;
b)
Any dead or hazardous trees;
c)
Any sharp or dangerous objects;
d)
Garbage and junk;
e)
Junked vehicles and dismantled machinery;
f)
Excessive growth of weeds or grass; and
g)
Holes and excavations that could cause an accident.
Outdoor Storage of Materials
16. Any building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be
neatly stacked in piles and elevated off the ground so as not to constitute a nuisance or
harborage for rodents, vermin and insects.
17. Materials referred to in Section 16 shall be elevated at least 0.15 meters off the ground and
shall be stacked at least 3.0 meters from the exterior walls of any building and at least 1.0 meter
from the property line.
Refrigerators and Freezers
18. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors
removed.
Fences
19. Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
20. The administration and enforcement of this Bylaw is hereby delegated to the Administrator for
the Town of Grand Coulee.
21. The Administrator of Grand Coulee is hereby authorized to further delegate the administration
and enforcement of this Bylaw to the Administrator Assistant, Bylaw Enforcement Officer,
Peace Officer or other party deemed appropriate by the Administrator
Inspections
22. The inspection of property by the Municipality to determine if this Bylaw is being complied
with is hereby authorized.
23. Inspection under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
24. No person shall obstruct a Designated Officer who is authorized to conduct an inspection under
this section, or a person who is assisting a Designated Officer.
Order to Remedy Contraventions
25. If a Designated Officer finds that a person is contravening this Bylaw, the Designated Officer
may, by written order, require the owner or occupant of the property to which the contravention
relates to remedy the contravention.
26. Orders given under this Bylaw shall comply with Section 362 of The Municipalities Act.
27. Orders given under Bylaw shall be served in accordance with Section 390 (1)(a), (b) or (c) of
The Municipalities Act.
Registration of Notice of Order
28. If an order is issued pursuant to Section 25, the Municipality may, in accordance with Section
364 of The Municipalities Act, give notice of the existence of the order by registering an
interest against the title to the land that is the subject of the order.
Appeal of Order to Remedy
29. A person may appeal an order made pursuant to Section 25 in accordance with Section 365 of
The Municipalities Act.
Municipality Remedying Contraventions
30. The municipality may, in accordance with Section 366 of The Municipalities Act, take
whatever actions or measures are necessary to remedy a contravention of this Bylaw.
31. In an emergency, the Municipality may take whatever actions or measures are necessary to
eliminate the emergency in accordance with the provisions of Section 367 of The
Municipalities Act.
Recovery of Unpaid Expenses and Costs
32. Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of
this Bylaw may be recovered either:
a) By civil action for debt in a court of competent jurisdiction in accordance with Section 368
of The Municipalities Act; or
b) By adding the amount to the taxes on the property on which the work is done in accordance
with Section 369 of The Municipalities Act.
Offences and Penalties
33. No person shall:
a) Fail to comply with an order made pursuant to this Bylaw;
b) Obstruct or interfere with any Designated Officer or any other person acting under the
authority of this Bylaw; or
c) Fail to comply with any other provisions of this Bylaw.
34. A Designated Officer who has reason to believe that a person has contravened any provision of
this Bylaw may serve on that person a Notice of Violation, which Notice of Violation shall
indicate that the Municipality will accept voluntary payment in the sum of Two Hundred and
Fifty Dollars ($250.00) to be paid to the Municipality within thirty (30) days.
35. Where the Municipality receives voluntary payment of the amount prescribed under Section 34
within the time specified, the person receiving the Notice of Violation shall not be liable to
prosecution for the alleged contravention.
36. Payment of any Notice of Violation does not exempt the person from enforcement of an order
pursuant to Section 25 of this Bylaw.
37. Every person who contravenes any provision of Section 33 is guilty of an offense and liable on
summary conviction:
a)
In the case of an individual, to a fine of not more than $10,000;
b)
In the case of a corporation, to a fine of not more than $25,000; and
c)
In the case of a continuing offence, to a maximum daily fine of not more than $2,500 per
day.
Coming Into Force
38. Bylaw #11-2017 is hereby repealed.
39. This Bylaw shall come into force on the day of its final passing.
Deputy Mayor
[SEAL]
Administrator
Sections 8(1)(b) & 8(1)(d) The Municipalities Act
Read a third time and adopted
this 11th day of April, 2017.
_________________________
Administrator